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DAVIS v. COX

No. 71360-4-I.

325 P.3d 255 (2014)

Kent L. and Linda DAVIS, Jeffrey and Susan Trinin, and Susan Mayer, derivatively on behalf of Olympia Food Cooperative, Appellants, v. Grace COX, Rochelle Gause, Erin Genia, T.J. Johnson, Jayne Kaszynski, Jackie Krzyzek, Jessica Laing, Ron Lavigne, Harry Levine, Eric Mapes, John Nason, John Regan, Rob Richards, Suzanne Shafer, Julia Sokoloff, and Joellen Reineck Wilhelm, Respondents.

Court of Appeals of Washington, Division 1.

April 7, 2014.

Attorney(s) appearing for the Case

Robert M. Sulkin , Avi Joshua Lipman , Barbara Himes Schuknecht , McNaul Ebel Nawrot & Helgren, Seattle, WA, for Appellant.

Bruce Edward Humble Johnson , Devin M. Smith , Angela Catherine Galloway , Ambika Kumar Doran , Davis, Wright, Tremaine, LLP, Seattle, WA, for Respondent.

Robert B. Spitzer , Garvey Schubert Barer, Seattle, WA, for Amicus Curiae on behalf of the Lawfare Project.

DWYER, J.

¶ 1 To determine whether a pleaded cause of action falls within the ambit of Washington's anti-SLAPP1 statutes, the trial court must decide whether the claim targets activity involving public participation and petition. To properly do so, the trial court must focus on the principal thrust or gravamen of the claim. A consideration of the relief sought by the party asserting the cause of action can be a determinative factor...

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